CHHOTU TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this revision application the petitioner has challenged the order dated 26.6.2012 by which a petition under Section 227 of the Code of Criminal Procedure filed by the petitioner for discharge in connection with Sessions Trial No.422 of 2010 (G.R.No.1373 of 2008) corresponding to Govindpur P.S. case no.141 of 2008 has been dismissed by the Additional Sessions Judge VII, Dhanbad. Brief fact giving rise to the present case is that an FIR was lodged by the informant, namely, Parwati Kumari stating inter alia therein that on 12.5.2007 at about 7 a.m. in the morning when she went out of her house, the accused Chhotu Turi seeing her alone caught hold of her and tried to commit rape upon her after overpowering her. In the FIR, she states that because of all the hue and cry made by her, several persons gathered at the place, as a result of which, the accused fled away and could not commit rape.

(2.) On the basis of the statement, FIR was lodged under Sections 376/511, 341, 323, 506, 34 of the Indian Penal Code. After investigation, police submitted charge sheet under Sections 341, 323, 506 of the Indian Penal Code. The court took cognizance and the accused was put on trial.

(3.) In course of trial, the victim Parwati Kumari (P.W.1) was examined on 7.10.2009 and her mother Guria Devi (P.W.2) was also examined on 9.3.2010. The evidence of the two witnesses disclosed that the case of rape punishable under Section 376 of the Indian Penal Code was made out against the accused petitioner which is exclusively triable in the court of sessions. Thus, the learned Judicial Magistrate, vide order dated 18.8.2010 committed the case under Section 323 of the Code of Criminal Procedure to the court of sessions. Thereafter a petition under Section 227 of the Code of Criminal Procedure was filed by the accused for discharge which has been rejected by the impugned order.